INCLUSION DAILY
EXPRESS

Your quick, once-a-day look at disability rights,
self-determination and the movement toward full community inclusion around
the world.

Thursday, October 9, 2003Year IV, Edition 156

This front page features 8 news and information items,
each preceded by a number (#) symbol.Click on the"Below the Fold"
link at the bottom of this page for 41 more news items.

QUOTES OF THE DAY:"When our churches blithely say 'all welcome',
few would doubt their sincerity. But have they thought it through? Are these
places truly user-friendly for all who might wish to use them?"--Keith
Hallett, a lay minister who has re-launched a campaign to make churches in
Somerset, England more accessible to people with disabilities (Fourth
story)

"Until the court has fully fleshed out these issues with regard to
rehabilitative swallowing therapy, Terri Schiavo should not be put to
death."--Larry Crow, attorney for the parents of Terri Schiavo, who
argued Wednesday that swallowing therapy should be attempted before Terri's
feeding tube is removed next week (First story)

Greer said he was following orders from the 2nd District Court of Appeal
when he scheduled next Wednesday as the date to have the feeding tube removed
that provides nourishment to Terri. Greer added he believes he no longer has
jurisdiction to postpone it.

Terri's parents, Bob and Mary Schindler, had asked Judge Greer to
postpone the removal while they appeal his recent decision denying swallowing
therapy that might help her relearn to eat and drink.

Larry Crow, an attorney for the Schindlers, said Greer's refusal will be
taken to the appeals court, likely by the end of the week. Crow said he hopes
the appellate court will issue a stay and hear their appeal.

"Until the court has fully fleshed out these issues with regard to
rehabilitative swallowing therapy, Terri Schiavo should not be put to death,"
said Crow, a former state legislator.

U.S. District Judge Richard Lazzara is scheduled to hear arguments
Friday at 1:30 p.m. on a federal discrimination lawsuit by the Schindlers
seeking to remove Terri's husband, Michael Schiavo, as guardian, and to order
swallowing therapy for Terri.

Mr. Schiavo claims that his wife told him before her 1990 brain injury
that she would not want to live "by artificial means". Judge Greer has
consistently sided with his wishes to remove Terri's feeding tube.

Terri's parents claim Terri is alert, responsive and could benefit from
rehabilitative therapies which Michael Schiavo has refused to allow. The
Schindlers claim that Michael wants Terri to die, in part, so he will be able
to take advantage of what is left of a $700,000 insurance settlement.

Disability rights advocacy groups are watching the case closely,
concerned that allowing Terri to starve to death would signal that people with
disabilities are not worth keeping alive.

POMONA, CALIFORNIA--Lanterman Developmental
Center, an institution housing 650 people with intellectual disabilities, has
placed some of its residents in "immediate jeopardy" of being harmed, according
to a 72-page report by federal investigators.

During an August visit, reviewers found that Lanterman officials failed
to investigate 55 resident injuries along with three other incidents that "met
the definition of abuse or neglect, including a client death."

In one incident from March, a 33-year-old resident died after a nurse
improperly reinserted his feeding tube into his abdomen, causing a fatal
infection.

The facility was required to immediately correct the problems in order
to avoid losing federal funding. The Centers for Medicare and Medicaid Services
said it was satisfied with Lanterman's response.

Sherry Kohler, acting executive director of Lanterman, said she felt the
federal inspectors were holding Lanterman to a "much higher standard" than
other institutions. "Unfortunately, for some reason, the cards are stacked
against us these last few months," Kohler told the Los Angeles Times.

In July, the California Department of Health Services fined Lanterman
$25,000 for failing to protect Mark Orchen, a 31-year-old resident who was
kicked to death in his bedroom in August 2002. Police and state officials
disagree over whether Orchen was murdered by a fellow resident or a staff
member. No suspect has been arrested in the murder case.

WASHINGTON, DC--The U.S. Department of Transportation announced
Wednesday that it had reached a settlement with AirTran Holdings Inc, which was
sued for discriminating against passengers who use wheelchairs.

The airline was assessed $125,000 for violating the Air Carrier Access
Act (ACAA) and other federal regulations by failing to provide a place to stow
standard-size folding wheelchairs inside their airplaines' cabins. AirTran may
use $105,000 of the penalty to improve services for passengers with
disabilities.

According to the Associated Press, the DOT began investigating AirTran
last year after a passenger complained that airline personnel told him there
was no space to store his wheelchair in a Boeing 717.

In August of this year, the department fined America West Airlines,
JetBlue Airways and Southwest Airlines a total of $750,000 for many of the same
violations. Most of the fines, however, were credited back to the airlines for
them to use in order to comply with federal law.

ACAA regulations require aircraft with 100 or more passenger seats,
which were ordered after April 5, 1990 or delivered after April 5, 1992, to
have space in the cabin designated to stow at least one passenger's folding
wheelchair.

---

# ACCESSIBILITY / CONGREGATIONS

Lay Preacher Works To Make
More Churches Accessible To AllOctober 9, 2003

SOMERSET,
ENGLAND--The following three paragraphs are excerpts from a story in Thursday's
Somerset Guardian:

A Methodist lay preacher has re-launched a campaign to make churches in
Somerset more accessible to people with disabilities. "The days of the weakest
going to the wall in churches are over. It's now all about working with people
- that's the essence of it, " said Keith Hallett, who works with the Midsomer
Norton circuit.

Mr. Hallett, an epileptic who has to use a walking stick, has been
working for years to improve accessibility in churches around the area.

He has re-launched his campaign to coincide with the European Year of
Disabled People, and a recent Disability Ministry Sunday. Churches of all
denominations were encouraged to take part.

BOSTON, MASSACHUSETTS--The 1st U.S. Circuit Court of Appeals
ruled Thursday that parents do not need a lawyer to sue school districts in
order to get an appropriate public education for their children.

The three-judge panel made its ruling in a New Hampshire case in which
the parents of a boy with disabilities had sued two separate school districts
over his individualized education plan (IEP).

The appeals court noted that it is customary for parents to seek the
help of a qualified attorney when bringing suits under the federal Individuals
with Disabilities Education Act. However, the court said, it is unlikely
Congress intended for parents to be stopped if they decided to represent their
children on their own.

The court also acknowledged schools districts' concerns that allowing
parents to sue without a lawyer would cause more "meritless" lawsuits to be
filed under the IDEA.

"The concern is real," the court wrote in its ruling. "Our view is that
Congress . . . thought that risk an acceptable price to pay'' to make sure
students with disabilities receive a free and appropriate education.

---

# TODAY'S FEATURED EDUCATION WEBSITE

National Dissemination
Center for Children with Disabilities

If you've come to NICHCY's Web site for information on disabilities,
welcome!

We're pleased to tell you that we are now operating the NEW
dissemination center funded by the U.S. Department of Education, Office of
Special Education Programs (OSEP), effective October 1, 2003!

# EXPRESS EXTRA!!! From the Inclusion Daily Express Archives -- One
year ago:

FAMILIES"Choosing Naia" RevisitedOctober 9,
2002

BOSTON, MASSACHUSETTS--During the first week of December, 1999, the
Boston Globe Online ran a powerful six-part series called "Choosing Naia: A
Family's Journey". It chronicled the experiences of a young couple during the
16 months after they learned through pre-natal testing that their unborn
daughter had Down syndrome and a significant heart defect.

Globe staff writer Mitchell Zuckoff has expanded and updated the
family's story in a new book, also called "Choosing Naia."

Wednesday's Globe includes all six installments and a new follow-up
article adapted from Zuckoff's book.

As I wrote that week, which happened to be the first week of Inclusion
Daily Express, "this is as good as it gets, folks, and it is very good". There
are hours of great reading here.